- Thread starter Abuela
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Condo by-laws
The condominium by-laws given at closings in the Dominican Republic all say they are from 1958 law. Given Trujillo was in power at this time and even south Florida had yet to coin the term condominium are these by-laws really valid?
Still in force and enforced.
See:
Condominium Law #5038 of 1958
Can an existing apartment building, or collection of buildings, not currently organized as a condominium, be made into a condominium?
Wait for Fabio's reply to your question,, but I believe so. But there are requirements it would have to meet and steps it would have to take to be recognized as a condo.
When Fabio Guzman sees your question, you will get a answer you can depend on.
Yes, it can and it must, pursuant to article 100 of the new Land Registry Law. If you have a building divided into apartments, it is now impossible to record different persons as individual owners of separate apartments unless a condominium is legally established.
Abuela this is an entry from the Encyclopedia BritanicaThe condominium by-laws given at closings in the Dominican Republic all say they are from 1958 law. Given Trujillo was in power at this time and even south Florida had yet to coin the term condominium are these by-laws really valid?
Maybe you're thinking of the abreviated term Condo?condominium
In modern property law, individual ownership of one dwelling unit within a multidwelling building. Unit owners have undivided ownership interest in the land and those portions of the building shared in common. This type of ownership has been present in Europe since the end of the Middle Ages; in the U.S. it dates to the latter half of the 19th century and has been popular in crowded urban areas. An alternative to the condominium is the cooperative, in which residents own a share of a corporation, with each share entitling the owner to reside in a particular unit in the building.
Mack.
Follow up questions
1. If a unit in an existing apartment building (that is not 'condo'd) cannot be resold, then what is the procedure for creating the condo association?
2. It would seem that, in many cases, majority (or complete) agreement to create the association would be difficult, if not impossible, to achieve. In this case then, are the apartment units still unable to be resold?
Thank you, Mr. Guzman. Your response leads me to another two questions.Yes, it can and it must, pursuant to article 100 of the new Land Registry Law. If you have a building divided into apartments, it is now impossible to record different persons as individual owners of separate apartments unless a condominium is legally established.
1. If a unit in an existing apartment building (that is not 'condo'd) cannot be resold, then what is the procedure for creating the condo association?
2. It would seem that, in many cases, majority (or complete) agreement to create the association would be difficult, if not impossible, to achieve. In this case then, are the apartment units still unable to be resold?
If all the owners are not in agreement, I'm of the opinion that you can take the matter to the Land Court and have it order the condo to be formed. On this question, see my recent book Ley 5038 de 1958 sobre Condominios, Comentada, Anotada yConcordada con la Ley 108-05 de Registro Inmobiliario, p. 14.
Thank you, Mr. Guzman. Your response leads me to another two questions.
1. If a unit in an existing apartment building (that is not 'condo'd) cannot be resold, then what is the procedure for creating the condo association?
2. It would seem that, in many cases, majority (or complete) agreement to create the association would be difficult, if not impossible, to achieve. In this case then, are the apartment units still unable to be resold?
Your group should hire Fabio's law firm to represent you. They have offices in many locations. I can tell you from experience with Fabio at our condo that nobody knows more about Dominican condo law than he does.
Ken